Arbitration is a way to resolve disputes and conflicts without going to court and becoming part of trials. The best lawyers in Dubai recommend arbitration to parties to resolve their cases as it helps both parties further escalate the case.
It is not a hidden fact that going to trials is time-consuming, expensive, and would add more to the hassle and strenuous situations. You can omit this by perfectly reaching an agreement through arbitration, as it offers tons of benefits and is considered an excellent way of dealing with conflicts and disputes.
What is Arbitration?
Arbitration is a legal procedure for resolving disputes submitted by two or more parties to make it easier to understand. It is an excellent way to reach an agreement, solve internal conflicts, and bring parties to peaceful and hassle-free negotiations. In arbitration, one or more arbitrators understand the gravity of the case and make a binding decision on the dispute.
The process of arbitration involves the parties in disputes and arbitrators whose role is to conduct the hearing, undermine the arguments, analyze the proofs, and create a resolution between the parties that is transparent and impartial. This agreement is reached after carefully understanding the deliberate factors for a solid conclusion.
Generally, the period of arbitration usually goes in between 14 days to 30 days from the start of the hearing. The date of the award will be given to both parties by the arbitrators. In addition, an arbitrator may include witnesses who testify in the case and become solid players in the whole process.
Why Arbitration over Litigation?
While not many people are fully aware of arbitration and litigation, it is imperative to know about the gravest changes between them to choose what’s best for you. With this being in focus, here I present some of the most common and primary differences between both and also provide insights as to what is better for you.
- Where litigation is a lengthy process, arbitration reaches a resolution in less time through the combined efforts of attorneys in Dubai.
- Arbitration doesn’t involve the technicalities or lengthy procedures that litigation generally has.
- Arbitration doesn’t require the parties to wait for the evidence and for a jury to understand the case, conduct trials, and hear several witnesses. Instead, it gives a solution in real-time, and that too in a quick manner.
- Through arbitration, the parties in dispute can manage time and results without any hassle.
- Arbitration allows you to pick the decision-maker of your choice, and this is not what you get from litigation.
- With arbitration, you get flexibility as things are not controlled by statutory and procedural rules.
- The cost of dealing through arbitration is relatively lower than that of litigation.
- When you take arbitration from Mai Alfalasi, our professionals hold years of expertise and knowledge to ensure that constructive solutions are being delivered and you get expertise that of a judge.
- Unlike the court room, the judge’s decisions are not constrained by case law and statutory.
- The arbitration award is final and binding, it doesn’t have any jurisdictions, and there is no limited time of appeal in it. Moreover, even if there are mistakes from the arbitrator’s end, they are ignorable and considered forgivable.
- According to a legal consultant Dubai, privacy is a factor that arbitration offers to the parties. So, when parties involved in a dispute want to maintain their confidentiality, it is best to do so by acquiring arbitration and not publically dragging each other into the courtrooms.
- Another great benefit is the ability to be entirely controlled by the arbitrator mutually chosen for this role. Moreover, both parties are entitled to determine the conduct of the proceedings, and this leads to a streamlined way of setting requirements and meeting them.
Types of Arbitration in Dubai
Here are the types of arbitration in Dubai;
Arbitration Clause
The first is the arbitration clause, mainly found in some commercial agreements. The integration of this arbitration clause is to be clear beforehand that any escalated dispute in the future will be dealt with the arbitration. This clears everything for commercial companies to establish partnerships.
When arbitration clauses are added to a commercial or financial agreement, it is ensured that they should not lack the proceedings processes, the administrator arbitrator, the total number of arbitrators, and even the language of the arbitration.
Arbitration Deeds – Submission Agreements
The next type of arbitration is the submission of agreements made after a dispute arises. They are also known as arbitration deeds because they have submission clauses. The fundamental meaning of a submission agreement is to clear the dispute and issue between two or more parties and record the case as referred to arbitration.
Arbitration Agreement through Reference Incorporation
The next is an arbitration agreement through reference incorporation. This clarifies that the disputed agreement will not be incorporated into the arbitration clause. The incorporation of a new arbitration agreement will be done if the document the case is being referred to does not have an arbitration clause in the first place.
Role of Arbitration Lawyers at Mai Alfalasi
The lawyers and advocates at Mai Alfalasi are to resolve disputes and drive the parties towards negotiations in a friendly setting. We have attorneys who have more decade-long knowledge and expertise to become an arbitrator and drive your dispute towards resolution without further escalation of the process.
Our arbitration lawyers deal with the contractual stage problems and drive toward peaceful negotiations. We drive the case in a better way where they don’t have to handle situations by focusing on negotiations. Face-to-face negotiations may also have opted as a possible chance to resolve the conflict and reach an agreement. The lawyers at Mai Alfalasi are professionally trained and hold incredible expertise in negotiating and dealing with the gravity of dealing and determining the overall success. This is how we lead the cases towards peaceful resolutions.
The Final Takeaway
The lawyers range in their expertise, skills, and knowledge. While some hold incredible expertise in fighting and winning arguments through the right presentation in the courtroom, others are equally experienced in dealing with the parties in a private setting to ensure confidentiality and peaceful negotiations.
What We Cover
- Corporate & Commercial
- Dispute Resolution
- Finance & Investment
- Insurance
- Arbitration
- Litigation
Mai Alfalasi
Advocates & Legal Consultancy
1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates
Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae
Office Hours
9.00am to 6.00pm (GST)
Monday to Friday